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2025 DAILYLAW 25804 (CHH)

SUMANT SINGH v. STATE OF CHHATTISGARH

CRMP/1848/2025 · 2025-06-15

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:24221-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1848 of 2025 1 Sumant Singh S/o Subedar Singh Aged About 34 Years R/o Quarter No.-112, Tybe B, Sector-2, Balco, Dist. - Korba (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through - P.S. - Balco, Dist. - Korba (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Sumit Singh, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 16/06/2025 1. The instant CRMP has been filed under Section 528 of the Cr.P.C for quashment of charge sheet arising out of crime No. 0532/2022 registered at Police Station Balco, District Korba (C.G.) and also the order dated 04.01.2025 passed by learned Judicial Magistrate First Class, Korba, whereby the charges has been framed under Section 294, 506 (II), 147, JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.17 10:42:16 +0530 2 323/149 (7 counts) and 325/149 of IPC. 2. Facts of the case is that the complainant namely Harish Sonwani lodged a written complaint on 10.09.2022 alleging that he is the General Secretary of the Bhartiya Mazdoor Sangh affiliated to Balco Employee Union and on 07.09.2022, since the Balco management was not paying the salary to the Union members for four months and were taking action to suspend and expel them by making false allegations, the victim's family was sitting peacefully with the union's flag outside Parasbhata main gate, when Avtar Singh (Security officer) posted with Balco and called other security personnel and started abusing the victim with indecent words and also insulted the Union's flag. At 8:30 PM, the members of the union, labourers and local persons started gathering, when Avtar singh along-with Mohesh pandey, Vijay sahu and other companions came and abused them and also threatened to kill them. 3. Learned counsel for the petitioner would submit he is not named in the FIR and no witness has averred in respect overt act against the petitioner. He further submits that he has been falsely implicated and further no seizure has been made from him. He further submits that there has been cross report of the same incident and the petitioner is not named in the cross report also and both the sides have sustained injuries. 4. Per Contra, learned State counsel would oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand, the charge-sheet has already been filed before the concerned 3 competent court and charges has been already framed hence, the charge sheet cannot be quashed at this juncture. 5. We have heard learned counsel for the parties and perused the documents. 6. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of charge sheet. From bare perusal of the pleadings and the documents, it is evident that the petitioner and the complainant were working in the same company and counter report has also been made of the same incident. It is further noted that the charge sheet has already been filed and the charges has been framed, at this stage, this court is not in a position to analyse the facts which has been concluded during the investigation and the statement needs to be recorded, as such, this Court does not find any good ground to quash the charge sheet. However, it is obligatory that the trial be brought to a logical end expeditiously. 7. In that view of the matter, the CRMP is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar